At the outset, allow me to thank the Lithuanian
presidency for the initiative to convene this timely open debate onPromotion
and Strengthening of the Rule of Law in the Maintenance of International Peace
and Security and for the comprehensive Concept Note. I would also like to thank
the Secretary General for his statement. I give credit to the open debates as a
measure of greater transparency and for inclusion of wider UN membership in the
issues discussed by the Council, and recommend every Presidency to follow the
suit. Estonia fully aligns itself with the statement of
the European Union.

Madam President,

The rule of law provides keys to conflict
prevention. It is also an important element of peacekeeping, conflict
resolution and peacebuilding. Adhering
to the rule of law and delivering justice builds public trust in national
government institutions, which is essential for developing a safer environment
for us to live in. Moreover, the preventative nature of strong and consistent
rule of law institutions helps to reduce the risk of further conflicts.

Estonia welcomes the approach of the Security
Council in identifying the strengthening of the rule of law institutions as an
integral part of the UN mission mandates designated for the upkeep of peace and
security.

The Heads of States and Governments stated in the declaration ofthe high-level meeting of the General
Assembly on the rule of law at the national and international levels in September
2012, that “justice, including transitional justice is a fundamental building
block of sustainable peace in countries of conflict and post-conflict
situations”. Justice is necessary for sustainable development and security in
any post-conflict society. Impunity provides fertile ground for the recurrence
of conflicts and breeds instability. Consistent prosecution, either
domestically or internationally, is the most effective tool to combat
international crimes.

We therefore welcome that the Secretary
General`s report also reflects the important role of the international criminal
justice and emphasizes the necessity to cooperate with the International
Criminal Court.Hereby I would like to
reiterate Estonia`s call upon all countries that have not yet done so to join
the Rome Statute system, and we likewise urge States Parties to join in the
ratification of the Kampala amendments. Universality of international law and
adherence by all to the same principles are essential to improving the world in
which we live. In this regard, countries – whether they have joined the Rome
Statute or not – must set an example of non-aggression, self-restraint, and
respect for the rule of law.

Madam
President,

We commend the continuing cooperation of the
United Nations with the ICC, particularly in the provision of logistical
support for field operations and submission of documents to the Prosecutor and
defence counsel. Nevertheless, we should continue to improve this relationship
to enhance the legitimacy and success of the Court. In this regard, States
Parties, as well as non-States Parties on the Security Council who contribute
to referring situations to the ICC, should ensure that adequate cooperation is
consistently provided to the ICC.

However, States must also acknowledge that it
is first and foremost their responsibility to develop national capacities to
investigate and prosecute serious international crimes. As the concept note for
this open debate rightly describes, development of national capacity should
include a comprehensive legislative framework to ensure investigation and
prosecution of crimes, incorporation of Rome Statute crimes into domestic
criminal codes and ensuring robust witness protection programs so that those
who are brave enough to come forward are safe enough to do so.

Estonia firmly believes that commitment to
fighting impunity at all levels is the only way to deter those who might commit
future crimes. The enforcement of sentences of the respective international
courts and tribunals is vital for international criminal law to have a
deterrent effect. To help sustain this effect, and in coherence with the
principles of rule of law, Estonia signed an agreement on enforcement of
sentences with the International Criminal Tribunal for the former Yugoslavia
(ICTY), which allows for persons convicted before the Tribunal to serve their
sentences in prisons within Estonia. In the most recent example, just 2 weeks
ago on the 10th of February, already the third person convicted of
crimes against humanity and violations of the laws and customs of war committed
in the former Yugoslavia, was transferred to Estonia to serve his sentence.

Madam
President,

Of course, it must be stressed that supporting
and developing the rule of law is not just about international criminal law. It
is about all sectors of national and international governance. To ensure
effectiveness of the rule of law efforts it must be better coordinated at the
international level. As also recognized by the High Level Panel on the
Post-2015, Estonia agrees that the responsive institutions promoting the rule
of law and access to justice are necessary for transformative shifts enabling
development, and for “building peace and effective, open and accountable
institutions for all.” We strongly believe
that good governance, democracy and the rule of law must be emphasized in the
future sustainable development agenda among the sustainable development goals. The
Security Council mandated missions are often the first to contribute in
post-conflict stabilization. We recognize the Security Council’s support for
strengthening of the rule of law institution in the post-conflict situations in
giving such a mandate already to 18 missions.

In this regard Estonia fully supports the rule
of law pledges initiative launched at the 2012 High Level Meeting by the Heads
of States and Governments. States should recognize their role and commitment to
contribute towards reaching the more inclusive, transparent and empowering
societies , where everyone
can enjoy their human rights and men and women are treated equally. State and civil society partnerships as well as
the inclusion of the private sector is more successful if we act in this
systematic and coordinated manner. Estonia has completed two out of our four
pledges by ratifying the Kampala amendments to the Rome Statute and the
Optional Protocol to the Convention on the Rights of the Child on the
involvement of children in armed conflict.

The rule of law is a core principle of
governance that ensures justice and fairness in which all persons, as well as
the State itself, are accountable to laws that are equally enforced and
independently adjudicated.At the
international level, the rule of law accords predictability and legitimacy to
the actions of States forming a fundamental framework for the conduct of
relations between us.